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HomeMy WebLinkAbout1993.08.16 ORD 1993-283 ORDINANCE NO. 93-283 CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF HUGO, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: SECTION 1. Definitions Subd. 1. In this Ordinance "City" means the City of Hugo, County of Washington, State of Minnesota. Subd. 2. "City Utility System" refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. Subd. 3. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. Subd. 4. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at 1700 East Co Rd E, White Bear Lake, Minnesota, 55025. Notice to city shall be mailed to the City Clerk. Subd. 5. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. Subd. 6. "Public ways" means streets, avenues, alleys, parkways, walkways and other public rights of way within the City. SECTION 2. Grant of Franchise City hereby grants Company, for a period of 20 years from the date hereof, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain electric distribution system and electric transmission lines, including poles, pole lines, duct lines, fixtures, and any other necessary appurtenances in, on, over, under and across the public ways and public grounds of City. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to the further provisions of this franchise. 1 SECTION 3. Restrictions Subd. 1. Company facilities included in such electric distribution system, transmission lines and appurtenances thereto, shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over said public ways. Company's construction, operation, repair, maintenance and location of such facilities shall be subject to such reasonable regulations as may be imposed by City pursuant to charter, ordinance or statute. Subd. 2. Company shall not construct any new installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such installation. Subd. 3. Company shall provide field locations for all its underground facilities when requested by City within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the County to locate municipal underground facilities for Company. ("County" refers to the County in which City is located. ) SECTION 4. Tree Trimming Company is also granted the permission and authority to trim all trees and shrubs in the public ways and public grounds of City interfering with the proper construction, operation, repair and maintenance of any poles, pole lines, and fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that Company shall save City harmless from any liability in the premises. SECTION 5. Service Rates 'The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency. SECTION 6. Relocating Subd,_1. Whenever City shall grade, regrade or change the line of any public way, or construct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary order Company to relocate permanently its lines, services and other property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after Company has so relocated, if a subsequent relocation or relocations shall be ordered within ten (10) years from and after first relocation, City shall reimburse Company for such non-betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent relocations are required because of the extension of City utilities to previously unserved areas, Company may be required to relocate at its own expense at any time. 2 r • Subd. 2. Nothing contained in this franchise shall require Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconnection is for convenience and not of necessity in the construction or reconstruction of a City utility system or extension thereof. Subd. 3. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemental or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a public way is vacated, improved or re-aligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company. Subd,_4. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way, or with the construction or reconstruction of any City utility system. SECTION 7. Indemnification Company shall indemnify, keep and hold City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair or operation of Company's electric facilities located in, on, over, under, or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its employees, or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit shall be brought against City under circumstances where the above agreement to indemnify applies, Company at its sole cost and expense shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonably given as hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to City; and Company, in defending any action on behalf of City shall be entitled to assert in any action every defense or immunity that City could assert in its own behalf. 3 SECTION 8. Vacation of Public Ways The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive Company of its rights to operate and maintain such electrical facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right- of-way, under Minnesota Statutes, Section 160.29. SECTION 9. Written Acceptance Company shall, if it accepts this ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this ordinance. SECTION 10. Provisions of Ordinance Every section, provision, or part of this ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail. SECTION 11. Publication Expense The expense of any publication of this franchise ordinance required by law shall be paid by Company. SECTION 12. Effective Date This ordinance is effective as provided by statute or charter, and upon acceptance by Company as provided in Section 9. Passed and approved: August 16 - 1993 Mayor Walter L. Stoltzman Attest: City Clerk wary Ann Creager 4 .46 \~ AFFIDAVIT OF PUBLICATION ORDINANCE N0.93283 STATE OF MINNESOTA ss CIOFHUGO,UNTY, NNESOTATON COUNTY OF WASHINGTON CAN ORDINANCE GRANTING TO NORTHERN STATES POWER COM- PANY,A MINNESOTA CORPORA- Duane A. Rasmussen, being duly sworn, on oath says that he is the TION,ITS SUCCESSORS AND AS- SIGNS,PERMISSION TO CONSTRUCT,OPERATE,REPAIR publisher or authorized agent and employee of the publisher of the AND MAINTAIN IN THE CITY OF HUGO,MINNESOTA,AN ELECTRIC DISTRIBUTION SYSTEM AND newspaper known as The Times, and has full knowledge of the facts TRANSMISSION LINES,INCLUDING NECESSARY POLES,POLE LINES AND FIXTURESANDAPPURRTE- which are stated below: NANCES,FOR THE FURNISHING OF ,e. ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS,AND OTH- (A) The newspaper has complied with all of the requirements con- ERS,AND TO USE THE PUBLIC -' WAYS AND PUBLIC GROUNDS OF stituting qualification as a legal newspaper, as provided by Minnesota ID CITY FOR SUCH PURPOSES. E CITY COUNCIL OF THE CITY HUGO, WASHINGTON COUNTY, Statute 331A.02, 331A.07 and other applicable laws,as amended. MINNESOTA DOES ORDAIN: SECTION 1.Definitions Subd. 1. In this Ordinance "City" (B)The printed public notice means thee City of Hugo, County of Washington,State of Minnesota. Subd.2. "City Utility System"refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including which is attached was cut from the columns of said newspaper, and sewer and water service. Subd.3."Company"means Northern States Power Company, a Minnesota was printed and published once each week, for one successive corporation,its successors and assigns. Subd. 4. "Notice" means a writing served by any party or parties on any weeks; it was first published on Thursday ,the 9 day other party or parties.Notice to Compa- ny shall be mailed to the Division Gener- al Manager thereof at 1700 East Co Rd of September , 19 93,and was thereafter printed and published E, White Bear Lake, Minnesota 55025. Notice to city shall be mailed to the City Clerk. each week to and including Thursday ,the 9 day Subd.5."Public grounds"means city parks and squares as well as land held of September 1993 by the City for the purpose of open space. Subd.6."Public ways"means streets, avenues, alleys, parkways, walkways and other public rights of way within the BY: -- 0 ✓/ City. SECTION 2.Grant of Franchise City hereby grants Company,or a pe- TITLE: Publisher riod of 20 years from the date hereof,the right to transmit and furnish electric en- ergy for light, heat, power and other purposes for public and private use with- Subscribed and sworn to before me on in and through the limits of City as its boundaries now exist or as they may be extended in the future.For these purpos- this ninth es, Company may construct, operate, ; repair and maintain electric distribution ystem and electric transmission lines, day of September ,1 g 93 'ding poles, pole lines, duct lines, res,and any other necessary appur- wpbs in,on,over,under and across ^ 4124 the public ways and public grounds of ta&WCIAD \},K1\J\ ` City. Company may do all reasonable things necessary or customary to ac- complish these purposes,subject,how- otar Public ever, to the further provisions of this franchise. k , , HOWARD D. LESTRUD SECTION 3.Restrictions :i'!1 ". -ayOTARYPURLIC • MINNESOTA Subd. 1. Company facilities included I. ' - WASHINGTON COUNTY in such electric distribution system, ,!' ,' transmission lines, and appurtenances ''L"`10- yJ MY COMMISION EXPIRC�S thereto,shall be located and constructed W APRIL 16. 1995 so as not to interfere with the safety and (1)Lowest cl. .- •' . • convenience of ordinary travel along users for comparable space $ 5.30 col.inch and over said public ways. Company's construction,operation,repair,mainte- nance and locationt to of sucasoh facbrei egg- Maximum rate allowed bylaw for the above shall be subject to such reasonable regu- (2) lations as may be imposed by City pur- matter $ 5.61 col.inch suant to charter,ordinance or statute. Subd.2.Company shall not construct any new installations within or upon any (3)Rate actually charged for the above matter $ 5.30 col.Inch public grounds without receiving the pr9ior written consent of an authorized representative of City for each such in- (4)Rate actually charged for additional stallation. insertions $ 2.65 col.Inch Subd.3.Company shall pr9ovide field compensation when a public way is va- SECTION 9.Written Acceptance locations for all its underground facili- cated, improved or re-aligned because P ties when requested by City within a rea- of a renewal or a redevelopment plan Company shall,if it accepts o this t o ordi- ties period of time. The period of which is financially subsidized in whole nanceb and the rights and obligations time will be considered reasonable if it or in part by the Federal Government or tahereby granted, file a writtenrd with compares favorablywith the average theeCity the rightst hereby granted with Pa B any agency thereof, unless the reason- Clerk within time required by the cities in the County able non-betterment costs of such relo- ninety(90)days af- to locate municipal underground facili- cation and the loss and expense result- ter the final passage and any,regmred ties for Company. ("County" refers to publication of this ordinance. Pa Y ing therefrom are first paid to Company. SECTION 10.Provisions of Ordinance the County in which City is located.) Subd. 4. Nothing contained herein Everysection, provision, or SECTION 4.Tree Trimming shall relieve any person,persons or cor- part of Company is also granted the permis- porations from liability arising out of the this ordinance is declared separate from sion and authority to trim all trees and failure to exercise reasonable care to every other section,provision or part; shrubs in the public ways and public avoid injuring Company's facilities and if any section, provision or part grounds of City interfering with the while performing any work connected shall be held invalid,it shall not affect construction, operation, repair any other provsecision,on any n Cityt - proper Pe Pa with grading, regrading, or changing Where a of an ordi- and maintenance of any poles, pole the line of any public way,or with the h otherpro provisions lines,and fixtures or appurtenances in- construction or reconstruction of any this nance ordinance,nawith viths proof this or- stalledr- in pursuance of the authoritythis hthe provisions of this City utility system. dinance shall1revail. hereby granted,provided that Company SECTION 7.Indemnification SECTION 11.Publication Expense shall save City harmless from any liabil- Company shall indemnify, keep and The expense of any this ity in the premises. hold City free and harmless from any franchisee ordinancreqred bycation f law SECTION 5.Service Rates and all liability on account of injury to shall be paid byCompany. The service to be provided and the persons or damage to property occa- SECTION 12.EffecivDate rates to be charged by Company for sioned by the construction, mainte- This ordinance is effective asr electric service in City are subject to the nance,repair or operation of Company's by statute or charter,and upon ac ep- jurisdiction of the Public Utilities Corn- electric facilities located in, on, over, PO e- mission of this State or its successor under, or across the public ways and ton 9e.by Company as provided in Sec- tion 9. agency. public grounds of City,unless such inju- Passed and approved:Au SECTION 6.Relocating ry or damage grows out of the negli- eP/s/WalterL Stolt 1993.ust 16, n Subd. 1. Whenever City shall grade, gence of City,its employees,or agents, Walter L.Stoltzman regrade or change the line of any public or results from the performance in a way, or construct or reconstruct any proper manner of acts reasonably Mayor Attest: City utility system therein and shall,in deemed hazardous by Company, but /s/Mar Ann Creager the proper exercise of its police power, such performance is nevertheless or- MaryAnn Crea erg -with due regard to seasonable work- dered or directed by City after notice of g `onditions, when necessaryorder City Clerk Company's determination.In the event (Published in THE TIMES eny to relocate permanently its a suit shall be brought against City un- September 9,1993) .:es p,ervices and other property locat- der circumstances where the above ed in said public way,Company shall re- agreement to indemnify applies, Com- locate its facilities at its own expense. pany at its sole cost and expense shall City shall give Company reasonable no- defend City in such suit if written notice tice of plans to grade,regrade or change thereof is promptly given to Company the line of any public way or to construct within a period wherein Company is not or reconstruct any City utility system prejudiced by lack of such notice. If therein.However,after Company has so such notice is not reasonably given as relocated,if a subsequent relocation or hereinbefore provided, Company shall relocations shall be ordered within ten have no duty to indemnify nor defend.If (10) years from and after first reloca- Company is required to indemnify and tion,City shall reimburse Company for defend,it will thereafter have complete such non-betterment relocation expense control of such litigation,but Company which Company may incur on a time may not settle such litigation without the and material basis; provided,if subse- consent of City,which consent shall not quent relocations are required because be unreasonably withheld.This section of the extension of City utilities to previ- is not,as to third parties, a waiver of ously unserved areas,Company may be any defense or immunity otherwise required to relocate at its own expense available to City; and Company,in Be- at any time. fending any action on behalf of City shall Subd. 2. Nothing contained in this be entitled to assert an any action every franchise shall require Company to relo- defense or immunity that City could as- cate,remove,replace or reconnect at its sert in its own behalf. own expense its facilities where such re- SECTION 8.Vacation of Public Ways location, removal, replacement or re- The City shall give the Company at connection is for convenience and not of least two weeks'prior written notice of a necessity in the construction or recon- proposed vacation of a public way.Ex- struction of a City utility system or ex- cept where required solely for a City im- tension thereof. provement project,the vacation of any Subd. 3.Any relocation,removal, or public way,After the installation of elec- rearrangement of any Company facili- tric facilities, shall not operate to de- ties made necessary because of the ex- prive Company of its rights to operate tension into or through City of a federal- and maintain such electrical facilities, ly aided highway project shall be until the reasonable cost of relocating governed by the provisions of Minnesota the same and the loss and expense re- Statutes Section 161.46 as supplemental suiting from such relocation are'first or amended;and further,it is expressly paid to Company.In no case,however, understood that the right herein granted shall City be liable to the Company for to Company is a valuable property right failure to specifically preserve a right- understood that the right herein granted of-way,under Minnesota Statutes,Sec- to Company is a valuable property right tion 160.29. and City shall not order Company to re- move or relocate its facilities without